#35-usc-102e

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Intellectual property law
fromPatently-O
12 hours ago

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

A pre-publication patent application can serve as prior art in IPR if later published and thereby backdated to its filing date under pre-AIA 35 U.S.C. §102(e)(1).
Intellectual property law
fromPatently-O
3 months ago

Secret Springing Prior Art and Joint Research: Lessons from Merck v. Hopewell

Federal Circuit clarified when a reference qualifies as prior art 'by another' under pre‑AIA §102(e) and noted AIA changes to secret springing prior art.
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